(2) Where a tenant has executed an improvement mentioned in the first or second part of the said First Schedule within ten years previous to the commencement of this Act, and he is not entitled under any contract, or custom, or under the Agricultural Holdings (England) Act, 1875, to compensation in respect of such improvement, and the landlord within one year after the commencement of this Act declares in writing his consent to the making of such improvement, then such tenant on quitting his holding at the determination of a tenancy after the commencement of this Act may claim compensation under this Act. in respect of such improvement in the same manner as if this Act had been in force at the time of the execution of such improvement.

References to the First Schedule in the above section must be construed as references to the First Schedule to the Agricultural Holdings Act, 1900 (63 & 64 Vict. c. 50). infra, pp. 69, 78.

See

Improvements before the Act.—The Act by this section provides for compensation for improvements made before January 1st, 1884. If done before that date, no compensation is payable at all for such improvements, unless since January 1st, 1874, a tenant has boned land with undissolved bones, chalked land, burnt clay, clayed, limed or marled land, applied purchased manure, or consumed by cattle, sheep and pigs cake or feeding stuffs not produced on holding, and he is not otherwise legally entitled to any compensation for such improvement; or unless since January 1st, 1874, a tenant has done any drainage or any of the acts mentioned in the first part of the First Schedule, and the landlord gave his written consent thereto between January 1st, 1884, and January 1st, 1885; or unless since January 1st, 1874, the tenant did anything mentioned in the third part of the First Schedule. This section leaves the tenant a right to get compensation by any other legal means untouched.

Three ways of getting compensation are recognised-custom of the country, agreement between the parties, the Agricultural Holdings Act, 1875.

If consent were given, the claim will be made in the same way as any other claim under the Act. The compensation will only be payable on the tenant quitting, and it by no means follows that the landlord's consent will entitle the tenant to compensation. It will be for the valuer to say what is the value of the improvement to an incoming tenant; all the landlord's consent will do is to

bring the matter within the jurisdiction of a valuer appointed under the Act. The last part of the clause must be taken to apply to both the sub-sections, although at first sight it seems only applicable to the second.

3. Consent of landlord as to improvement in First Schedule, Part I.] Compensation under this Act shall not be payable in respect of any improvement mentioned in the first part of the First Schedule hereto, and executed after the commencement of this Act, unless the landlord, or his agent duly authorised in that behalf, has, previously to the execution of the improvement and after the passing of this Act, consented in writing to the making of such improvement, and any such consent may be given by the landlord unconditionally, or upon such terms as to compensation, or otherwise, as may be agreed upon between the landlord and the tenant, and in the event of any agreement being made between the landlord and the tenant, any compensation payable thereunder shall be deemed to be substituted for compensation under this Act.

References to the First Schedule in the above section must be construed as references to the First Schedule to the Agricultural Holdings Act, 1900 (63 & 64 Vict. c. 50). See infra, pp. 69, 78.

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Duly authorised.—An agent, possessed of the fullest authority an agent can have in all matters that come within the term management of an estate," has, where there is no limitation on his powers as manager, authority to agree to allow a tenant a particular kind of valuation for an improvement to which the landlord's consent is required in consideration that the value of the holding will be thereby enhanced (Pearson v. l'Anson, [1899] 2 Q. B. 618; 68 L. J. Q. B. 878 ; 81 L. T. 289; 48 W. R. 154; 63 J. P. 677).

Consent in writing.-A lease providing that the tenant may, during his term, at his own cost convert meadow land into an orchard, is a consent in writing within the section. If the conversion be made, the tenant is not deprived of his statutory right to compensation therefor, because he expressly contracts to leave the orchard without claiming compensation, and although the Agricultural Holdings Acts are excluded by the lease (Mears v. Callender, [1901] 2 Ch. 388; 70 L. J. Ch. 621; 84 L. T. 618; 49 W. R. 584; 65 J. P. 615).

Form of consent.-The consent must be in writing and signed by the landlord or his agent. It will not require a stamp unless

it be in the form of an agreement, which must bear the usual agreement stamp, and should be signed by the landlord or his agent. Form 1, post, Chap. IV.

Form of agreement.-Form 2, post, Chap. IV.

Power of landlord.—The landlord has the absolute right to say whether he will or will not pay for having his property improved, and on what terms the improvement shall be made. Unless the landlord, before the improvement be done, consent in writing to its execution, no compensation can be claimed except under custom.

4. Notice to landlord as to improvement in First Schedule, Part II.] Compensation under this Act shall not be payable in respect of any improvement mentioned in the second part of the First Schedule hereto, and executed after the commencement of this Act, unless the tenant has, not more than three months and not less than two months before beginning to execute such improvement, given to the landlord, or his agent duly authorised in that behalf, notice in writing of his intention so to do, and of the manner in which he proposes to do the intended work, and upon such notice being given, the landlord and tenant may agree on the terms as to compensation or otherwise on which the improvement is to be executed, and in the event of any such agreement being made, any compensation payable thereunder shall be deemed to be substituted for compensation under this Act, or the landlord may, unless the notice of the tenant is previously withdrawn, undertake to execute the improvement himself, and may execute the same in reasonable and proper any manner which he thinks fit, and charge the tenant with a sum not exceeding five pounds per centum per annum on the outlay incurred in executing the improvement, or not exceeding such annual sum payable for a period of twentyfive years as will repay such outlay in the said period, with interest at the rate of three per centum per annum, such annual sum to be recoverable as rent. In default of any such agreement or undertaking, and also in the event of the landlord failing to comply with his undertaking within a reasonable time, the tenant may execute the

improvement himself, and shall in respect thereof be entitled to compensation under this Act.

The landlord and tenant may, if they think fit, dispense with any notice under this section, and come to an agreement in a lease or otherwise between themselves in the same manner and of the same validity as if such notice had been given.

References to the First Schedule in the above section must be construed as references to the First Schedule to the Agricultural Holdings Act, 1900 (63 & 64 Vict. c. 50). See infra, pp. 69, 78.

Drainage is the only improvement mentioned in Part II. of the schedule referred to.

Ways in which drainage may be done.-1. The landlord and tenant may agree on the terms and mode of executing the work, how the expense is to be borne and the work done. 2. The tenant may give a written notice not more than three or less than two months before doing the work, specifying his intention to drain, the work proposed to be done, the way he proposes to do it; and unless the landlord takes some steps on the receipt of such notice, the tenant can do the work in the proposed way, and will be entitled to compensation on the termination of the tenancy.

3. On receipt of the notice, the parties may agree on the way the work is to be done, and how it is to be paid for.

4. On receipt of the notice, the landlord may agree to do the work, and charge the tenant £5 per cent. on the outlay, which will be payable as additional rent.

5. Or, on receipt of the notice, the landlord can agree to do the work and charge the tenant the cost, the tenant to repay such sum, with interest at £3 per cent., in twenty-five years by annual instalments, as an additional rent.

Before giving the notice a tenant must carefully consider his position as the drainage may entail a considerable increase to

his rent.

Withdrawal of notice.—The tenant has power to withdraw a notice, if, before the work is begun, he objects to the terms on which the landlord proposes to do it, and the withdrawal of the notice may be made at any time before the tenant actually begins the work. It would be well to have the withdrawal in writing, but this is not legally necessary. A parol withdrawal would be sufficient.

Contents of notice. The notice must be in writing, signed by the tenant; it should specify the exact work proposed to be done, and the manner in which it is proposed to do it, stating the depth of the drain, size of pipes, distance of the drains apart, etc. Great care must be taken in framing the notice as the tenant cannot depart from it in any way without raising a question as to whether he can claim for the drainage; for if the work is not

done in accordance with the notice, it follows that the notice did not fulfil the requirements of the section by specifying the manner in which the work was to be done, and would therefore be a bad notice, and no compensation would be payable. Care must also be taken as to the time, not more than three months or less than two months before the work is begun. Care must be taken to begin the work before the expiration of the third month after the notice given, or the notice will be void, and no compensation payable. "Months means calendar months. The notice can be given to an agent having the general management of the estate (Pearson v. I'Anson, [1899] 2 Q. B. 618).

Landlord's undertaking.—No time is fixed for the landlord to come forward with his proposals, but it is clear he must do it within the three months, and should do so in the first two months, as in the third month the tenant may begin the work. The landlord's undertaking should be in writing, but it need not be so.

Agreement.—The agreement, if it is to be carried out at once, need not be in writing, but in all cases it would be better to have a written agreement, which will require a stamp. The agreement may provide any terms as to the drainage to which the tenant will assent. The Act will permit any agreement on the subject the parties choose to enter into.

Mode of executing work by landlord. The landlord is not bound to follow the mode prescribed in the tenant's notice. He has perfect liberty to make the drains in any way he likes, so long only as he does the work in a reasonable and proper way. Whether he has done so or not will be a question for the valuer. The work must be done in a reasonable time, but it will be for the valuer to say in each case what is a reasonable time to do the work in.

Charge. The landlord can get a charge from the Board of Agriculture and Fisheries for any sum he lays out in draining under this section. See s. 29, infra, p. 26.

Remedy of tenant. -Executing the work by the tenant on the landlord failing to comply with his undertaking is only an alternative remedy. The tenant could proceed to enforce the undertaking by action instead.

Form of notice.-See Form 3, post, Chap. IV.

Form of agreement.-See Form 4, post, Chap. IV.

Form of withdrawal.-See Form 5, post, Chap. IV.

Form of undertaking to execute works.-Form 6, post, Chap. IV.

Notice of charge for executing drainage.-Form 7, post, Chap. IV.

Agreement to dispense with notice.-The agreement may be contained in the lease, or it may be a special agreement on the subject. The landlord and tenant can make any terms they like as to the time in which and the person by whom the drainage will be done.

Agreement to dispense with notice.-Form 8, post, Chap. IV.